5450 Memorial Blvd

The Information contained herein has been prepared to assist interested parties in making their own evaluation of the Property and does not purport to contain all of the information that a prospective purchaser or investor may desire. In all cases, interested parties should conduct their own investigation and analysis of the Property and the data set forth in the Information. Neither the Owner nor Agent make any representation or warranty as to the accuracy or completeness of the Information made available in connection with any investigation of the Property, including any estimates or projections, and Owner and Agent shall not have any liability for any representations (expressed or implied) contained in, or for any omissions from, the Information or any other written or oral communications transmitted to the Principal and its broker/agent (if any) in the course of its evaluation of the Property. The only information that will have any legal effect will be specifically set out in, or as part of, representations and warranties in a definitive written purchase and sale agreement.

By executing this Agreement, Principal and its broker/agent (if any) agree(s) to keep confidential any Information contained herein or made available in connection with any investigation of the Property. Without limiting the foregoing, the Principal and its broker/agent (if any) acknowledge(s) and agrees that: (1) Owner and Agent will not be subject to any liability based on the Information, errors therein or omissions therefrom, whether Owner or Agent knew or should have known of any such errors or omissions, or was responsible for or participated in its inclusion in or omission from the Information; (2) the Principal and its broker/agent (if any) will not copy, reproduce or distribute to any third party the Information in whole or in part; (3) if the Principal does not wish to pursue the purchase of the Property, Principal and its broker/agent (if any) will return the Information to Owner or Agent as soon as practical, together with any other material relating to the Property which the Principal and its broker/agent (if any) may have received from Agent, or destroy and/or delete all electronic files without retaining any copies thereof; and (4) any proposed actions by the Principal and its broker/agent (if any) which are inconsistent in any manner with the foregoing agreement will require the prior written consent of Owner or Agent.
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Principal and its broker/agent (if any) and any employee, contractor, advisor or agent of Principal and its broker/agent (if any) agree(s) not to contact any of the following related to seeking Information about the Property, either directly or indirectly, without the prior written consent of Agent: Owner’s officers, employees, contractor or affiliates; the Owner’s Lender; the management company or any onsite management, leasing, maintenance personnel, employees and/or contractors; nor any occupant(s) or tenant(s) at the Property.
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The Owner and Agent reserve the right to negotiate with one or more prospective purchasers/investors at any time and to enter into a definitive agreement for sale of the Property without prior written notice to Principal and its broker/agent (if any) or any other parties. In addition, Owner reserves the right to terminate, at any time, further participation in the investigation and proposal process by any party and to modify procedures, documentation and other procedures without notice and without assigning any reason therefore.
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The Principal hereby agrees it will be negotiating as a principal purchaser, and no agent or broker represents the Principal in this contemplated transaction, other than the broker/agent identified below, if any. If Principal engages any broker/agent to represent Principal regarding a transaction involving the Property after the Effective Date, Principal agrees to pay all commissions, fees, or other compensation to said broker/agent. Further, Principal acknowledges that it has received, read and understands the South Carolina Agency Disclosure Brochure as set forth on Exhibit “B” attached hereto and made a part hereof.
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Non-Circumvention. During the term of this Agreement, and for three (3) years from the Effective Date, the Principal and its broker/agent (if any) agree(s) not to pursue or engage in any transaction involving the Information or the Property, or contact directly or indirectly any party-in-interest relating to the Owner’s business or pursue any introduction of any party of interest without the Owner’s prior written consent. The Principal and its broker/agent (if any) agree(s) that all communications regarding the Information or the Property, requests for additional information, and discussions or questions regarding procedures will be submitted or directed to the Owner or Agent and not directly with any other party. The Principal and its broker/agent (if any) covenant(s) not to use the Information to the detriment of the Owner and to use it only in connection with its evaluation of the Property. The Owner or Agent shall be present in the engagement of any transaction involving the Property with introduced parties-in-interest by the Principal and its broker/agent (if any).
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The Principal hereby certifies he/she is an authorized signatory of the Principal’s entity. All communications, inquiries and requests for Information involving a possible purchase of the Property shall be addressed to: Jon-Michael Brock or Alex Whittemore (Agents); Lee & Associates Charleston, LLC, 960 Morrison Drive Suite 400, Charleston, SC 29403, or jmbrock@lee-associates.com or Awhittemore@lee-associates.com (Agent’s Email).
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This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.
This Agreement, in its entirety, will be in full force and effect until the Property is sold, or two (2) years from the Effective Date, whichever is later.